[Federal Register Volume 74, Number 212 (Wednesday, November 4, 2009)]
[Rules and Regulations]
[Pages 57105-57116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26559]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 0812191631-91238-03]
RIN 0648-AX53
Pacific Halibut Fisheries; Subsistence Fishing
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to revise the criteria for rural
residents to participate in the subsistence fishery for Pacific halibut
in waters in and off Alaska. This action is necessary to allow
subsistence halibut fishing opportunities for rural residents who
reside in locations outside the legal boundaries of specified
communities and who were prohibited from participating in the
subsistence halibut fishery by previous regulations. This action is
intended to allow these inadvertently-excluded rural residents to
participate in the subsistence halibut fishery and to support the
conservation and management provisions of the Northern Pacific Halibut
Act of 1982.
DATES: This rule is effective December 4, 2009.
ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR)
prepared for this action, and the environmental assessment (EA)
prepared for the original subsistence halibut action (68 FR 18145;
April 15, 2003) may be obtained from http://www.regulations.gov or from
the Alaska Region Web site at http://www.alaskafisheries.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted by mail to NMFS, Alaska Region, P.O. Box
21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer;
in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A,
Juneau, Alaska; and by e-mail to [email protected], or fax to
202-395-7285.
FOR FURTHER INFORMATION CONTACT: Becky Carls, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Management of the Pacific halibut (Hippoglossus stenolepis)
(hereafter ``halibut'') fishery in and off Alaska is based on an
international agreement between Canada and the United States. This
agreement, entitled the ``Convention between the United States of
America and Canada for the Preservation of the Halibut Fishery of the
Northern Pacific Ocean and Bering Sea'' (Convention), was signed at
Ottawa, Canada, on March 2, 1953, and amended by the ``Protocol
Amending the Convention,'' signed at Washington, D.C., March 29, 1979.
The Convention, administered by the International Pacific Halibut
Commission (IPHC), is given effect in the United States by the Northern
Pacific Halibut Act of 1982 (Halibut Act).
The IPHC promulgates regulations pursuant to the Convention. The
IPHC's regulations are subject to approval by the Secretary of State
with concurrence from the Secretary of Commerce (Secretary). After
approval by the Secretary of State and the Secretary, the IPHC
regulations are published in the Federal Register as annual management
measures pursuant to 50 CFR 300.62. NMFS published the IPHC's current
annual management measures on March 19, 2009 (74 FR 11681).
The Halibut Act also authorizes the North Pacific Fishery
Management Council (Council) to develop halibut fishery regulations,
including limited access regulations, in its geographic area of concern
that would apply to nationals or vessels of the United States (Halibut
Act, section 773c(c)). Such an action by the Council is limited to only
those regulations that are in addition to, and not in conflict with,
IPHC regulations. Council-developed regulations must be approved and
implemented by the Secretary. Any allocation of halibut fishing
privileges must be fair and equitable and consistent with other
[[Page 57106]]
applicable federal law. The Council used its authority under the
Halibut Act to recommend a subsistence halibut program in October 2000
to recognize and manage the subsistence fishery for halibut. Like the
original subsistence halibut program and subsequent amendments to it,
this action was developed by the Council under the authority of the
Halibut Act.
The Halibut Act at sections 773c (a) and (b) provides the Secretary
with the general responsibility to carry out the Convention with the
authority to, in consultation with the Secretary of the department in
which the U.S. Coast Guard is operating (currently the Secretary of
Homeland Security), adopt such regulations as may be necessary to carry
out the purposes and objectives of the Convention and the Halibut Act.
The Secretary has delegated authority to NMFS to implement the Halibut
Act.
Need for Action
The need for this action was described in detail in the preamble to
the proposed rule for this action (74 FR 39270; August 6, 2009) and is
summarized below. The proposed rule is available via the Internet (see
ADDRESSES). No substantive changes were made to the proposed regulatory
text in this final rule; however, minor technical edits that are
specified below were made to the regulatory text.
The subsistence halibut regulations authorize eligible persons who
possess subsistence halibut registration certificates (SHARCs) to
conduct subsistence halibut fishing in waters in and off Alaska. Under
regulations in effect prior to this rule, a person was eligible for a
SHARC to harvest subsistence halibut only if he or she were a rural
resident of a community with customary and traditional uses of halibut
that is listed in the tables at Sec. 300.65(g)(1) (hereafter ``listed
community''), or a member of an Alaska Native tribe with customary and
traditional uses of halibut that is listed in the tables at Sec.
300.65(g)(2). Members of Alaska Native tribes are not directly affected
by this action. Therefore, the discussion of rural versus non-rural
eligibility in the preamble of this final rule does not apply to Alaska
Native tribal members. The definition of the term ``rural resident'' is
the primary issue in this action. The previous definition that limited
rural residents to persons residing in listed communities had
inadvertent, adverse impacts on some rural residents; individuals who
resided outside the boundaries of listed communities did not qualify
for SHARCs.
Under this final rule, rural residents of south of Cape Espenberg
who reside within a designated ten-statute-mile boundary adjacent to
the waters of the Bering Sea and Pacific Ocean or in other designated
places outside of specified non-rural areas are eligible to subsistence
fish for halibut. In June 2008, the Council recommended a wider
geographic scope for rural resident eligibility to include individuals
who reside in remote locations outside the boundaries of listed
communities. The Council determined that those individuals or families
in remote locations within the subsistence halibut use areas practice
the same patterns of halibut use as residents of nearby listed
communities that have customary and traditional uses and, therefore,
should be eligible to participate in subsistence fishing for halibut.
NMFS agrees with the Council's recommendation and determination
concerning rural resident eligibility and, therefore, approves this
final rule to allow inadvertently-excluded rural residents who reside
in certain locations outside the legal boundaries of specified
communities to participate in the subsistence halibut fishery. The land
areas adjacent to the current non-subsistence marine waters areas are
now designated as non-rural areas.
Under this action, rural residents are considered eligible to
participate in the subsistence halibut program if they meet the
criteria for rural residency under one of two options. First, a person
continues to be considered a rural resident if he or she is domiciled
in a community specified at Sec. 300.65(g)(1). Second, under the new
definition for a rural area, a person is considered a rural resident if
he or she is domiciled in one of the following rural areas listed at
Sec. 300.65(g)(3):
Southeast Alaska east of 141[deg] W. long., except for the
land areas of the Ketchikan Gateway Borough as these areas are
described below, the land areas of the City and Borough of Juneau, and
the Ketchikan and Juneau non-subsistence marine waters areas (see
Figures 2 and 3);
The Alaska Peninsula, Aleutian Islands, Kodiak Island
Archipelago, and the area south of the northern boundary of the Bristol
Bay Borough and south of 58[deg]39.2' N. lat. (see Figures 5, 6, and
7);
Nelson, Nunivak, and Saint Lawrence Islands (see Figure
6); and
All other areas of Alaska within ten statute miles of mean
high water on the Bering Sea and Pacific Ocean coasts, south of Cape
Espenberg, including along the Kuskokwim River to Bethel, and that are
not specified as non-rural areas and that are not specified as the
Anchorage-Matsu-Kenai or Valdez non-subsistence marine waters areas
(see Figures 4, 5, 6, and 7).
Qualifications for a rural SHARC continue to require domicile in a
designated rural area for the 12 consecutive months immediately
preceding the time when the assertion of residence is made, and no
claim of residency in another state, territory, or country. The
definitions for ``rural'' and ``rural resident'' listed at Sec. 300.61
are revised to include the residents of the newly described rural
areas.
Expansion of the rural resident definition requires definitive
specification of non-rural areas as exceptions to the rural areas
because a resident of a non-rural area does not qualify for a SHARC. In
general, the non-rural areas are those land areas adjacent to the
existing non-subsistence marine waters areas, the definitions of which
are retained, and include the non-subsistence marine waters areas.
Under this action, the land areas of the following cities and boroughs
are non-rural areas for the purposes of the subsistence halibut
fishery: the Ketchikan Gateway Borough as those boundaries existed on
May 18, 2008; the City and Borough of Juneau; the Greater Anchorage
Area Borough; the Matanuska-Susitna Borough; the Kenai Peninsula
Borough, excluding the southern tip of the Kenai Peninsula that
includes the Seldovia Census Designated Place; and the City of Valdez.
The previous figures that displayed the ``non-subsistence marine
waters areas'' described at Sec. 300.65(h)(3) in which subsistence
fishing for halibut is prohibited are revised to include the adjacent
non-rural land areas. These revised figures show the rural and non-
rural areas of Southern Southeast Alaska, including Ketchikan; Northern
Southeast Alaska, including Juneau; Prince William Sound, including
Valdez; and Anchorage-Matsu-Kenai. Two new figures are added to show
the rural and non-rural areas of the Alaska Peninsula and Aleutian
Islands and of Western and Central Alaska.
The SHARC application is revised to incorporate changes
necessitated by this action. Prior to this action, one combined
application was used by rural residents and by Alaska Native tribal
members. To simplify the application process for the public, separate
applications will be used by rural residents and by Alaska Native
tribal members. Additionally, the regulations at Sec. 300.65(i)(2) are
revised to simplify the application requirements that are listed in the
regulations. The SHARC application requirements for a rural
[[Page 57107]]
resident include indicating the basis upon which the applicant is
eligible to harvest subsistence halibut as a rural resident. Additional
requirements include listing a post office box number, describing the
physical location of the domicile if there is no street address, and
adding ``or area'' to the requirement to list the community that
qualifies the fisherman as eligible to fish for subsistence halibut.
The SHARC application for an Alaska Native tribal member clearly states
what is needed for address or location information and includes listing
the community or area of residence, and no longer requires the dates of
residence in a community because that information is not necessary for
an Alaska Native tribal member.
The specific location of any SHARC holder's domicile must be
provided on the SHARC application due to existing regulations limiting
cash reimbursement for subsistence halibut fishing expenses. These
regulations, at Sec. 300.66(j)(1) and Sec. 300.66(j)(2), are revised
to include (A) references to the new qualification for a rural resident
that is described at Sec. 300.65(g)(3), and (B) a limit on
reimbursement of actual expenses of qualified subsistence fishermen who
reside outside listed rural communities-the fisherman's actual expenses
may be reimbursed only by rural residents who reside within ten statute
miles of the rural location listed on the fisherman's SHARC
application. Additionally, the text at Sec. 300.66(j)(2) is revised to
parallel the construction used at Sec. 300.66(j)(1) regarding
reimbursement of rural residents and specifies that Alaska Native
tribal members may be reimbursed for only actual expenses for ice,
bait, food, and fuel. The words ``actual expenses'' were inadvertently
omitted from the previous regulatory text.
The SHARC application for a rural resident includes the requirement
to provide the name, complete mailing address, and phone number of an
adult age 18 years or older who can verify that the residence listed by
the applicant is the applicant's domicile and that it was the
applicant's domicile for 12 months prior to the date of the
application. The verifying person may not be the applicant's wife,
husband, parent, or child and may not be living at the rural residence
listed by the applicant. This requirement for a verifier enhances the
ability of NMFS to determine whether a SHARC applicant is truly
qualified as a rural resident eligible to fish for subsistence halibut.
Under this action, there are several other minor changes to the
regulations. First, added to the regulations at Sec. 300.61, is a
definition for SHARC, which is the documentation issued by NMFS of the
registration required to participate in subsistence fishing. Second,
the regulations at Sec. 300.65(g) include a reference to the new
qualification for a rural resident described at Sec. 300.65(g)(3).
Third, a misspelling of Sheldon Point (Nunam Iqua) is corrected in the
regulations at Sec. 300.65(g)(2) in the table for the IPHC halibut
regulatory area 4E. Fourth, the regulations at Sec. 300.65(h)(3) no
longer specify ``non-rural areas'' but ``non-subsistence marine waters
areas'' instead; therefore, regulations at Sec. Sec. 300.65(h)(4) and
300.66(g) are revised to reflect that change. Finally, the meaning of
the ``area of tribal membership'' that is defined at Sec.
300.65(h)(4)(iii) is revised to specify that this means the IPHC
regulatory area under which an organized tribal entity is listed at
Sec. 300.65(g)(2), or the area of the Bering Sea that is closed to
commercial halibut fishing and adjacent to the rural area in which the
Alaska Native tribal headquarters is located.
Response to Comments
The proposed rule published in the Federal Register on August 6,
2008 (74 FR 39269). The 30-day comment period on the proposed rule
ended September 8, 2009. NMFS received a total of three letters that
contained five unique comments on the proposed rule. Two letters were
received from private citizens and one letter was received from a
fishing industry association. A summary of these comments and NMFS's
responses follows.
Comment 1: One commenter was concerned about continuing to be
excluded from the subsistence halibut fishery. The commenter resides
full time in Resolute Cove, Day Harbor, Alaska, which is accessible
only by water. The nearest road access is about 33 miles away in
Seward, Alaska. The commenter is retired and depends on local fishing,
especially in winter when travel is difficult.
Response: Day Harbor, Alaska, which is located in the Kenai
Peninsula Borough, is a non-rural area under this action. ``Therefore
residents of this area are excluded from the subsistence halibut
fishery.'' The marine waters in that area that are within the State of
Alaska (State) have been classified as non-subsistence marine waters
areas since the inception of the program. The Council recommended that
the boundaries for non-subsistence areas match the boundaries for Anon-
subsistence use areas established by the State of Alaska Joint Board of
Fisheries and Game. These boundaries are based on whether customary and
traditional use is a principal part of the economy of the area and are
not based on population size or remoteness. Substantively changing the
boundaries of the non-subsistence marine waters areas or the adjacent
land areas is beyond the scope of this action. A request to change the
classification of the marine waters and land in this area to be
qualified for subsistence halibut purposes may be made by the public to
the Council.
Comment 2: It appears that the proposed changes would exclude
Loring, Alaska, from the subsistence halibut fishery. Loring is a small
rural community located on Naha Bay, which is near Ketchikan and about
12 miles from the road system on Revillagigedo Island. Most of the
permanent residents of Loring fish and hunt to supplement their food
supply. Loring was excluded as an eligible community under the earlier
requirements for subsistence halibut fishing as the population was less
than 20. This latest development continues to exclude Loring residents
from subsistence halibut fishing even though Loring is a well-defined
remote and rural community whose residents have subsistence fished for
halibut since the early 1800s. The town of Loring and its residents
should be included in the revised proposals for subsistence halibut
fishing. The total number of families who would benefit would be around
two or three, so it would not significantly impact the halibut stocks.
Response: Residents of Loring, Alaska, are excluded from the
subsistence halibut fishery under this rule.``The marine waters near
Loring have been classified as a non-subsistence marine waters area
since the inception of the program.'' Loring is 11 nautical miles from
the closest waters that are open to subsistence halibut fishing. Please
see the response to Comment 1 for how the boundaries for non-
subsistence areas were established. Substantively changing the
boundaries of the non-subsistence marine waters areas or the adjacent
land areas is beyond the scope of this action. A request may be made by
the public to the Council to change the classification of the marine
waters and land in this area to be qualified for subsistence halibut
purposes.
Comment 3: The commenter supports this action to allow
inadvertently excluded rural residents who reside outside the city
limits of Petersburg to participate in the subsistence halibut fishery.
Response: NMFS notes the support for this action.
[[Page 57108]]
Comment 4: The commenter is very apprehensive that the most recent
information regarding subsistence halibut in this proposed rule is from
2007, and supports action to gather accurate harvest numbers as quickly
as possible. The commenter supports additional efforts for a harvest
logbook or harvest report that must be submitted within one week of
completion of subsistence harvest.
Response: Information on subsistence halibut harvests is submitted
voluntarily through a survey of SHARC holders. Although mandatory
subsistence halibut harvest information is not required, 58 percent of
SHARC holders participated in the 2007 harvest survey according to the
report on subsistence harvests of halibut in Alaska published by the
State in December 2008. This amount of participation is sufficient for
a reasonably accurate harvest estimate. The collection of catch
information from subsistence halibut participants is modeled on the
State-wide sport fish harvest survey, a similar voluntary harvest
reporting program.
The data from 2007 are the most recent data available from all
areas of the State of total halibut removals that include subsistence
halibut harvest estimates. These data indicate that sport fisheries
harvested 10.3 percent of the total and subsistence fisheries harvested
1.4 percent of the total. Rigorous recordkeeping and reporting
requirements for these two fisheries likely would increase the
precision of these estimates. This is unnecessary, however, for the
relatively small proportions of the total harvest. More rigorous
recordkeeping and reporting requirements are imposed on fisheries that
remove larger amounts of halibu-the commercial harvest of halibut and
bycatch of halibut during directed commercial fisheries for other
species.
For those who live in remote locations, requiring the submission of
the information within a week of the conclusion of fishing is an
unreasonable reporting burden that is not justified based on the amount
of halibut harvested in subsistence fishing State-wide. However, the
suggestion to require a harvest logbook or other reporting tools for
subsistence halibut fishermen in specific areas may be made to the
Council.
Comment 5: The commenter appreciates the emphasis on legal
participation in the program being limited to Alaska residents and is
concerned with the number of ``part-time'' Alaska residents who are in
the State for only a few months of the year in the summer, yet claim
Alaska residency.
Response: The subsistence halibut program is not limited to Alaska
residents. Alaska Native tribal members who reside outside the State
may qualify to subsistence fish for halibut. For rural residents, the
program is limited to those persons who reside in certain designated
locations with customary and traditional use in waters in and off the
geographical area under the Council's jurisdiction.
Changes from the Proposed Rule
No substantive changes are made in this final rule from the
proposed rule. The regulations at Sec. 300.65(i)(2) were revised to
more precisely delineate the application submission requirements for a
SHARC, which are detailed on the application form. To correct errors
that occurred in the proposed rule, minor technical edits are made as
follows: (1) add degree signs in the geographic coordinates at Sec.
300.65(g)(3)(i) and Sec. 300.65(g)(4)(v), (2) correct the spelling of
``Behm Narrows'' at Sec. 300.65(g)(4)(i), (3) add italics to text at
Sec. 300.65(h)(3)(iii) and Sec. 300.65(h)(3)(iv), and (4) insert
quotation marks around the phrase ``area of tribal membership'' at
Sec. 300.65(h)(4)(iii).
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
Council, and the Secretary. Section 5 of the Halibut Act (16 U.S.C.
773c(c)) allows the regional council having authority for a particular
geographical area to develop regulations governing the allocation and
catch of halibut in U.S. Convention waters as long as those regulations
do not conflict with IPHC regulations. This action is consistent with
the Council's authority and the Secretary's authority to allocate
halibut catches among fishery participants in the waters in and off
Alaska.
This rule has been determined to be not significant for purposes of
Executive Order 12866. This rule also complies with the Secretary's
authority under the Halibut Act to implement management measures for
the halibut fishery.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This rule contains collection-of-information requirements subject
to the Paperwork Reduction Act (PRA) and which have been approved by
OMB under control number 0648-0460. Public reporting burden for the
SHARC applications for a rural resident or an Alaska Native tribal
member are each estimated to average ten minutes per response. This
estimate includes the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments
regarding this burden estimate, or any other aspect of this data
collection, including suggestions for reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to [email protected], or fax to 202-
395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to a penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
Executive Order 13175 of November 6, 2000 (25 U.S.C. 450 note), the
Executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), and the
American Indian and Alaska Native Policy of the U.S. Department of
Commerce (March 30, 1995) outline the responsibilities of the NMFS in
matters affecting tribal interests. Section 161 of Public Law 108-199
(188 Stat 452), as amended by section 518 of Public Law 108-447 (118
Stat 3267), extends the consultation requirements of Executive Order
13175 to Alaska Native corporations. Consultations occurred with the
Alaska Native Subsistence Halibut Working Group in December 2008,
pursuant to the requirements of Executive Order 13175.
List of Subjects in 50 CFR Part 300
Alaska, Alaska Natives, Fisheries, Pacific halibut fisheries,
Recordkeeping and reporting requirements.
Dated: October 30, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 300, subpart E is
amended as follows:
[[Page 57109]]
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The authority citation for 50 CFR part 300, subpart E continues to
read as follows:
Authority: 16 U.S.C. 773-773k.
0
2. In Sec. 300.61 revise the definitions for ``Rural'' and ``Rural
resident'' and add a new definition for ``Subsistence halibut
registration certificate (SHARC)'' in alphabetical order to read as
follows:
Sec. 300.61 Definitions.
* * * * *
Rural means, for purposes of the subsistence fishery for Pacific
halibut in waters in and off Alaska, a community of Alaska listed at
Sec. 300.65(g)(1) or an area of Alaska described at Sec. 300.65(g)(3)
in which the non-commercial, customary, and traditional use of fish and
game for personal or family consumption is a principal characteristic
of the economy or area and in which there is a long-term, customary,
and traditional use of halibut.
Rural resident means, for purposes of the subsistence fishery for
Pacific halibut in waters in and off Alaska:
(1) An individual domiciled in a rural community listed in the
table at Sec. 300.65(g)(1) and who has maintained a domicile in rural
communities listed in the table at Sec. 300.65(g)(1), or in rural
areas described at Sec. 300.65(g)(3), for the 12 consecutive months
immediately preceding the time when the assertion of residence is made,
and who is not claiming residency in another state, territory, or
country; or
(2) An individual domiciled in a rural area described at Sec.
300.65(g)(3) and who has maintained a domicile in rural areas described
at Sec. 300.65(g)(3), or in rural communities listed in the table at
Sec. 300.65(g)(1), for the 12 consecutive months immediately preceding
the time when the assertion of residence is made, and who is not
claiming residency in another state, territory, or country.
* * * * *
Subsistence halibut registration certificate (SHARC) means
documentation, issued by NMFS, of the registration required at Sec.
300.65(i).
* * * * *
0
3. In Sec. 300.65:
A. Revise paragraphs (g) introductory text, (h)(3) introductory
text, (h)(3)(iii) introductory text, (h)(3)(iv), (h)(4) introductory
text, (h)(4)(iii), (i)(2), (j)(3)(i)(B), (k)(3)(i)(A) introductory
text, and (k)(3)(i)(B).
B. In paragraph (g)(2), in the table entitled (Halibut Regulatory
Area 4E,( revise the entry for ``Sheldon Point (Nuna Iqua)''.
C. Add new paragraphs (g)(3) and (g)(4).
The additions and revisions read as follows:
Sec. 300.65 Catch sharing plan and domestic management measures in
waters in and off Alaska.
* * * * *
(g) Subsistence fishing in and off Alaska. No person shall engage
in subsistence fishing for halibut unless that person meets the
requirements in paragraphs (g)(1), (g)(2), or (g)(3) of this section.
* * * * *
(2) * * *
Halibut Regulatory Area 4E
------------------------------------------------------------------------
Place with Tribal Headquarters Organized Tribal Entity
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Sheldon Point (Nunam Iqua) Native Village of Sheldon's Point
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
(3) A person is eligible to harvest subsistence halibut if he or
she is a rural resident in one of the rural areas of Alaska described
as follows:
(i) Southeast Alaska east of 141[deg] W. long., except for the land
areas of the Ketchikan Gateway Borough as described at paragraph
(g)(4)(i) of this section, the land areas of the City and Borough of
Juneau, and the Ketchikan and Juneau non-subsistence marine waters
areas as defined in paragraphs (h)(3)(i) and (h)(3)(ii) of this section
(see figures 2 and 3 to this subpart E).
(ii) The Alaska Peninsula, Aleutian Islands, Kodiak Island
Archipelago, and the area south of the northern boundary of the Bristol
Bay Borough and south of 58[deg]39.2' N. lat. (see figures 5, 6, and 7
to this subpart E).
(iii) Nelson, Nunivak, and Saint Lawrence Islands (see figure 6 to
this subpart E).
(iv) All other areas of Alaska within ten statute miles of mean
high water on the Bering Sea and Pacific Ocean coasts, south of Cape
Espenberg, including along the Kuskokwim River to Bethel, and that are
not specified as non-rural land or water areas as defined in paragraph
(g)(4) of this section (see figures 4, 5, 6, and 7 to this subpart E).
(4) Non-rural areas consist of the non-subsistence marine waters
areas defined in paragraph (h)(3) of this section and the land areas of
the following cities and boroughs for purposes of the subsistence
fishery for Pacific halibut in waters in and off Alaska:
(i) The Ketchikan Gateway Borough on May 18, 2008. This area
encompasses all those islands bounded on the east, north, and west by
Behm Canal, Behm Narrows, and Clarence Strait to its junction with
Nichols Passage, and on the south by Nichols and Revillagigedo Channel
to its junction with Behm Canal. The designated boundaries extend to
the center line of Behm Canal, Behm Narrows, Clarence Strait, Nichols
Passage, and Revillagigedo Channel, and include all the area of
Revillagigedo, Gravina, Pennock, Betton, Grant and other Clover Passage
and Naha Bay Islands, Hassler, Gedney, Black, Smeaton, Manzanita,
Rudyerd, and Bold Islands, and all other offshore and adjacent islands
and inlets thereto (see figure 2 to this subpart E).
(ii) The City and Borough of Juneau (see figure 3 to this subpart
E).
(iii) The Greater Anchorage Area Borough (see figures 4 and 5 to
this subpart E).
(iv) The Matanuska-Susitna Borough (see figure 5 to this subpart
E).
(v) The Kenai Peninsula Borough excluding the area of the Seldovia
Census Designated Place, the area south and west of that place, and the
area south and west of a line that runs from 59[deg]27.5' N. lat.,
151[deg]31.7' W. long. to 59[deg]12.5' N. lat., 151[deg]18.5' W. long
(see figure 5 to this subpart E).
(vi) The City of Valdez (see figures 4 and 5 to this subpart E).
(h) * * *
(3) Subsistence fishing may be conducted in any waters in and off
Alaska except in the four non-subsistence marine waters areas defined
as follows:
* * * * *
(iii) The Anchorage-Matsu-Kenai non-subsistence marine waters area
in Commission Regulatory Area 3A (see figures 4, 5, 6, and 7 to this
subpart E) is defined as:
* * * * *
(iv) Valdez non-subsistence marine waters area in Commission
regulatory area 3A (see figures 4 and 5 to this subpart E) is defined
as the waters of Port Valdez and Valdez Arm located north of
61[deg]01.38' N. lat., and east of 146[deg]43.80' W. long.
(4) Waters in and off Alaska that are not specifically identified
as non-subsistence marine waters areas in paragraph (h)(3) of this
section are rural
[[Page 57110]]
for purposes of subsistence fishing for halibut. Subsistence fishing
may be conducted in any rural area by any person with a valid
subsistence halibut registration certificate in his or her name issued
by NMFS under paragraph (i) of this section, except that:
* * * * *
(iii) For purposes of this paragraph (h)(4), Aarea of tribal
membership@ means rural areas of the Commission regulatory area under
which the Organized Tribal Entity is listed in the tables set out in
paragraph (g)(2) of this section, or the Bering Sea closed area
adjacent to the rural area in which the Alaska Native tribal
headquarters is located.
(i) * * *
(2) Registration. To register as a subsistence halibut fisherman, a
person may request a cooperating Alaska Native tribal government or
other entity designated by NMFS to submit an application on his or her
behalf to the Alaska Region, NMFS. Alternatively, a person may apply by
submitting a completed application to the Alaska Region, NMFS.
Application forms are available on the NMFS Alaska Region Web site at
http://alaskafisheries.noaa.gov, or by contacting NMFS at 800-304-4846,
Option 2. NMFS will process a SHARC Application for an Alaska Native
Tribal Member or a SHARC Application for a Rural Resident provided that
an application is completed, with all applicable fields accurately
filled-in, and all required additional documentation is submitted.
Initial applications for a SHARC must be signed and mailed or faxed to
NMFS (see instructions on form). Renewals may be submitted
electronically, mailed, or faxed.
(i) Non-electronic submittal. The applicant must sign and date the
application certifying that all information is true, correct, and
complete. The applicant must submit the paper application as indicated
on the application.
(ii) Electronic submittal. An individual can submit a SHARC renewal
on-line using an application available at the Alaska Region website. By
using the SHARC number and date of birth, and by submitting the
application form, the applicant certifies that all information is true,
correct, and complete.
* * * * *
(j) * * *
(3) * * *
(i) * * *
(B) Within the Ketchikan, Juneau, Anchorage-Matsu-Kenai, and Valdez
non-subsistence marine waters areas as defined in paragraph (h)(3) of
this section (see figures 2, 3, 4, 5, 6, and 7 to this subpart E).
* * * * *
(k) * * *
(3) * * *
(i) * * *
(A) In the Anchorage-Matsu-Kenai non-subsistence marine waters area
defined in paragraph (h)(3) of this section (see figures 4, 5, 6, and 7
to this subpart E), only the following tribes may use a Ceremonial or
Educational permit:
* * * * *
(B) In the Valdez non-subsistence marine waters area defined in
paragraph (h)(3) of this section (see figures 4 and 5 to this subpart
E), only the Native Village of Tatitlek may use a Ceremonial or
Educational permit.
* * * * *
0
4. In Sec. 300.66, revise paragraphs (g), (j)(1), and (j)(2) to read
as follows:
Sec. 300.66 Prohibitions.
* * * * *
(g) Fish for subsistence halibut in and off Alaska in a non-
subsistence marine waters area specified at Sec. 300.65(h)(3).
* * * * *
(j) * * *
(1) Persons who qualify as rural residents under Sec. 300.65(g)(1)
or (g)(3) and hold a SHARC in the person's name under Sec. 300.65(i)
may be reimbursed for actual expenses for ice, bait, food, and fuel
directly related to subsistence fishing for halibut, by residents of
the same rural community or by rural residents residing within ten
statute miles of the rural location listed on the person's SHARC
application; or
(2) Persons who qualify as Alaska Native tribal members under Sec.
300.65(g)(2) and hold a SHARC in the person's name under Sec.
300.65(i) may be reimbursed for actual expenses for ice, bait, food,
and fuel directly related to subsistence fishing for halibut, by any
Alaska Native tribe, or its members, or residents of the same rural
community or by rural residents residing within ten statute miles of
the rural location listed on the person's SHARC application.
* * * * *
5. Revise figures 2, 3, 4, and 5 to subpart E of part 300 and add
figures 6 and 7 to subpart E of part 300 to read as follows:
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[FR Doc. E9-26559 Filed 11-03-09; 8:45 am]
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